Barhite v. Barhite — 213 N.Y. 670

Majority

p. 670

William E. Barhite, Appellant, v. Mary A. Barhite, Individually and as Administratrix of the Estate of Elbert Barhite, Deceased, Respondent, Impleaded with Others.

(Argued December 1, 1914;

decided December 15, 1914.)

Headnote

Barhite v. Barhite, 157 App. Div. 893 , affirmed..

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 9, 1913, affirming a judgment in favor of defendant entered upon the report of a referee in an action in equity to determine the rights of the plaintiff and

p. 671

the defendant, respondent, in certain savings bank deposits.

C. E. Sutherland for appellant.

Samuel Keeler for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Cuddeback and Miller, JJ. Not sitting: Cardozo, J.